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Draft Min 5-10-04«~ ~* MINUTES "" REGULAR CITY COMMISSION MEETING May 10, 2004 ~ CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Parsons was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of Apri126, 2004 Commissioner Simmons requested that paragraph five, on page 8 of the minutes be amended as follows: ...Old Atlantic Beach over the weekend and had six signs, of which five were off-site and illegal. Motion: Approve Minutes of the Regular Meeting of Apri126, 2004, as amended. Moved by Simmons, seconded by Beaver ~'" Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 '"" MOTION CARRIED 2. Courtesy of the Floor to Visitors A. Presentation by First Coast Metropolitan Planning Organization -Jeff Sheffield Jeff Sheffield, Director of the First Coast Metropolitan Planning ~ Organization, presented a draft of the Transportation Improvement Program for fiscal years 2004/05 through 2008/09 to the Commission. Mr. Sheffield emphasized the projects affecting the beaches area. A copy of the report is ~„ attached and made part of this official record as Attachment A. ~. May 10, 2004 REGULAR COMMISSION MEETING Paee A question and answer session followed the presentation. Commissioner ~" Waters inquired concerning the status of the Hodges/Atlantic Boulevard project. Mr. Sheffield indicated that the intersection work would be a Jacksonville Transportation Authority (JTA) project with FCMPO review "~ and the specifics of the project were still to be determined. Commissioner Beaver inquired if anyone had looked at the condition of A- 1-A in Neptune Beach from Seagate to Atlantic Boulevard, and asked if the resurfacing project from the St. Johns County line to 34th Street could be completed sooner than the FY 07/08 projection. Mr. Sheffield stated that the project was a Florida Department of Transportation (FDOT)/JTA project and the FDOT sets the project rankings. Commissioner Beaver stated that A-1-A was a federal highway and inquired if federal funds were available for the resurfacing. Mr. Sheffield stated he would look into this. Mayor Meserve requested that the city's Mayport Road median project be coordinated with the JTA/FCMPO projects to keep road repairs and traffic interruption to a minimum. Commissioner Simmons inquired if the FCMPO was involved with the landscaping for projects and Mr. Sheffield replied that they did not. Mr. Sheffield reported that the FCMPO had moved into new offices located at 1022 Prudential Drive. B. Proclamation recognizing Public Works Week Mayor Meserve read the proclamation in its entirety and presented the document to Public Works Director Carper for display at the Public Works building. Sally Clemens of 1638 Park Terrace West requested that Garage Sale signs be addressed along with the Open-House signs (Agenda Item 8C). '"" Mrs. Clemens also reviewed the history of Johnston Island and urged the Commission to keep the Conservation Lands zoning on the property. Kevin Bennett of 4429 Jiggermast Avenue, Jacksonville, explained he was requesting a Subdivision Waiver (Item 8B) to build four single family detached houses on property zoned RG-1 on Kestner Road. Mr. Bennett believed the single family homes would be in keeping with the single family homes built in the recently completed Paradise Cove Subdivision. He indicated that members of the Paradise Cove Homeowners Association were present and supported the request. ~. "~ May 10 2004 REGULAR COMMISSION MEETING Page 3 Keith Woodward of 1710 Main Street cited several problems he was ""'" having with a family in his neighborhood and requested assistance in resolving the problems. Chief Thompson stated he would speak with Mr. Woodward. 3. Unfinished Business from Previous Meeting ~' City Manager's A. City Manager's Follow-up Report Follow-up Report ~ City Manager Hanson commented on each item of his written report. A copy of the report is attached and made part of this official record as Attachment B. In addition to the written report Chief Thompson provided statistical data verifying that speeding and the number of speeders had been significantly reduced since the speed humps were installed on Plaza. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Reports: Code Enforcement, Public Safety, Public Works and Utilities, and new Occupational Licenses (City Manager) B. Award annual contract for meter testing to Reed & Shows Meters and Supplies in an amount not to exceed $14,662.00 (Bid No. 0304-15) (City Manager) Motion: ApArove Consent Agenda Items A and B as presented. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Report from the Tree Conservation Board No one was present to report on behalf of the Tree Conservation Board. Resolutions 6. Action on Resolutions: None. May 10, 2004 REGULAR COMMISSION MEETING Page 4 Ordinances 7. Action on Ordinances A. Ordinance No. 10-04-22 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ATLANTIC BEACH, CHAPTER 3, ALCOHOLIC BEVERAGES TO REPEAL AND REPLACE SECTIONS 3-1 THROUGH 3-11 WITH NEW SECTIONS 3-1 THROUGH 3-9, PROVIDING DEFINITIONS AND ESTABLISHING REGULATIONS FOR THE LICENSING AND SALE OF ALCOHOLIC BEVERAGES; ESTABLISHING APPROPRIATE BUSINESS LOCATIONS FOR ON-PREMISE AND OFF-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; AND REGULATING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERGES UPON PUBLIC PROPERTY; PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 10-04-22 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. ~* Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~"' Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business Town Center Bracket A. Discussion and possible action related to Bracket Signs within Signs Town Center and the Central Business District (Comm. Simmons) "~" Commissioner Simmons stated that she would like overhead bracket signs to be installed in Town Center to assist those not familiar with the area to find specific businesses. She felt the signs should be uniform in size and "~" not too obtrusive and indicated that The Book Mark and Ukulele had signs made and requested that staff check on their size. May 10, 2004 REGULAR COMMISSION MEETING PaEe 5 Commissioner Beaver felt this matter should be referred to the members of the Town Center Agency for discussion and input on a design for the signs. Mayor Meserve requested City Attorney Jensen's opinion on the bracket signs. City Attorney Jensen advised that the signs would hang over city rights-of--way and reminded the Commission that in the past, businesses whose signs overhung the right-of-way had been required to move the signs. Commissioner Waters believed the City of Neptune Beach, as well as members of the Town Center Agency, should be involved in the discussion. Mayor Meserve agreed with Commissioner Waters that more input was needed. Discussion ensued and it was the consensus of the Commission to refer the bracket sign issue to the Town Center Agency and the City of Neptune Beach for their input. NO ACTION WAS TAKEN Subdivision Waiver B. Subdivision Waiver requested by Kevin Bennett to allow new Kevin Bennett residential lots with width less than seventy-five feet at the Building Restriction Line and less than 7,500 square feet of lot area (City Manager) .. Motion: Grant Subdivision Waiver to Kevin Bennett to allow new residential lots with width less than seventy-five feet at the Building Restriction Line and less than 7,500 square feet of lot area. Mayor Meserve requested the City Attorney's opinion on the requirements to legally grant a subdivision waiver. The City Attorney responded that to grant a waiver, the request must meet the criteria set forth in Section 24-191 of the Zoning Ordinance. A copy of the staff report listing criteria for granting a waiver is attached and made part of this official record as Attachment C. Commissioner Waters inquired as to the impact granting the waiver would !~'" have to the Comprehensive Plan, the tree canopy and the impervious surface requirement. Community Development Director Doerr explained that the Comprehensive Plan set the limits for the number of units that could ~" be built on the property and there was no difference on the permeability between the single family and town homes. The impact on the tree canopy was unknown. Discussion ensued. Commissioners Beaver and Simmons expressed concern that granting the waiver would set precedence for future ~" development. Mayor Meserve pointed out that no hardship had been May 10, 2004 REGULAR COMMISSION MEETING Page 6 demonstrated, and the Commission could not grant the waiver because the request did not meet the listed conditions for granting a waiver. Moved by Beaver, seconded by Parsons Votes: Aye: 1 -Waters Nay: 4 -Beaver, Parsons, Simmons, Meserve MOTION FAILED Open House Signs C. Discussion and related action regarding Open-House signs (Mayor) ~. Mayor Meserve stated that the current ordinance allowed two signs on the property for an open house. He proposed keeping a limit of two signs, but ~,., allowing one sign to be placed off-site on private property. City Manager Hanson reported that staff had removed numerous signs from „~ city property in the past few months and indicated that the ordinance must be enforceable on its own merit. Discussion ensued. Commissioner Parsons reiterated his previous position to keep the current sign ordinance. Commissioner .Simmons stated that Neptune Beach and Jacksonville Beach do not allow off-site signs and there were other methods of advertising open houses. Commissioner Beaver stated that he had spoken with a member of the local Realtors Association and they had no problem with the current ordinance. It was the consensus of the Commission to leave the sign ordinance as is. NO ACTION WAS TAKEN 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson reported on the following items: • Reported the other beach cities were going to consider ordinances to ~" regulate the possession and use of fireworks and inquired if the Commission wished to adopt a similar ordinance. Discussion ensued and Mayor Meserve indicated that the city's ordinance needed to be consistent with the other beach cities. He directed staff to prepare the ordinance. a^ May 10 2004 REGULAR COMMISSION MEETING Paee 7 •:• Reviewed the city's septic tank conversion program and reported that those residents who were still on septic tanks were one year away from the deadline to convert to the public sewer system. He indicated at the beginning of the program 279 residents were on septic tanks and now the number of residences on septic tanks was 177. He indicated that he would send letters to remind those property owners of the requirement to convert to the public sewer system. Reports/Requests 10. Reports and/or requests from City Commissioners and City ~„ City Commissioners Attorney City Attorney Commissioner Beaver • Reported he had been contacted by the property owner and requested that staff look into the placement of a fire hydrant on the property ~,. located at 208 Belvedere Street. • Commented on how well the city's new drainage system worked during ~. a recent heavy rain, which occurred at high tide. • Complimented staff for the number of good quality trees being planted •~ around the city. • Commended Commissioner Parsons for the Atlantic Beach Public Art ~" Commission's (ABPAC) successful Artists' Tour and reception held at the Adele Grage Cultural Center. Commissioner Waters • Noted that the Animal Control Officer was working on the beach over the weekend. • Requested that staff check into the City of Jacksonville program to preserve historic neighborhoods. • Referenced Item 8B and commented that he would rather see the property developed as single-family homes. Commissioner Parsons • Reported that ABPAC Artists' Tour was very well attended and had raised $2,600 for public art. • Reported that he had visited Skate Road, Hopkins Creek and Aquatic Gardens during the recent heavy rains and there was no flooding and ~. '~ May 10, 2004 REGULAR COMMISSION MEETING Page 8 wondered if the City Commission should reconsider its plans for ~'" drainage improvements in the Aquatic Gardens area. Adjournment There being no further discussion, the Mayor declared the meeting """ adjourned at 8:40 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk